You
have heard about the suits, you know a little about them, but
have you taken any action? 5 large property management
companies and REITs are now being sued in Florida over charging
termination fees or liquidated damages fees for lease breaks.
THIS IS AT CRISIS STAGE and applies to all property
managers, whether they manage single family homes or large
multi-family communities. If you do not take immediate action,
your company could become the target of a suit.

Just when you
thought it could not get any worse, Collier County
decided to enforce an ordinance requiring a $30.00 per unit
registration fee for every rental unit and $200.00 inspection
fees. This huge amount is unwarranted, unreasonable and
unjustified. These types of fees will spread like wildfire if
property managers sit back and do nothing to stop them. The
Naples Area Apartment Association with the help of the Florida
Apartment Association is fighting back.

Click herefor the latest on the Collier County Registration
and Inspection fee issue

SO THE
TENANT BROKE THE LEASE, NOW WHAT?

Your
tenant skipped out in the middle of the night 3 months into a 12
month lease. No notice given, not even the keys left behind.
The only thing the tenant left you with was a mess and a vacant
apartment. Your owner or management company is wanting you to
sue the tenant for the money owed and collect this money. Can
you sue? Should you sue? Is it worth it? Are there risks?

You
see the unauthorized person there every morning. You see their
car parked there every night. The unauthorized person even comes
into your office complaining about something. Can you force them
out? Can you prove your case? It is harder than you think.

Click hereto see if you have what it takes to evict a
tenant for failure to remove an unauthorized occupant

HOT LEASE
TIP! TERMINATION OF A LEASE IF YOU CANNOT GRANT POSSESSION

Did
you ever sign a lease with a tenant for a unit that was
currently occupied when the current tenant had given notice to
vacate? Of course. Most of the time the tenant vacates as
planned, you turn the unit, and the new tenant moves in. What
happens if the current tenant decides not to move out as they
had told you, and the new tenant is in the parking lot with a
truck ready to move in? You give the bad news that you have no
other units available, and the would-be new tenant drives away,
STRAIGHT TO THE COURTHOUSE!

Terry R. Wayland has been
President of Property Counselors Management Group (PCMG) since
its formation in 1999. Prior to beginning PCMG, Mr. Wayland, a
native Texan, relocated to Fort Myers, Florida 13 years ago with
Newton Mitchell Realty Corporation to assist with a distressed
property. Terry went on to serve as Vice President of Services
Taylor Made, Inc. where he was responsible for daily operations
of a portfolio that consisted of conventional, tax credit and
subsidized apartment homes. During his subsequent endeavors Mr.
Wayland was the Marketing Director and Assistant Sales Manager
for Centex Homes for the Bradenton/Sarasota division, which
generated an annual sales volume that exceeded 39 million
dollars and over 300 homes per year.

Property Counselors Management Group has become
one of the largest asset management companies in Southwest
Florida, specializing in Multi-family property management, condo
conversions, association management and single family home
management. Keeping up with the growth, Terry is excited to
announce the newest edition to his team, Nan Cavarretta, who
will serve PCMG as Vice President of Operations. Nan will be
responsible for the South Florida Market and establishing a
comprehensive fair housing and training program for all of its
divisions. Mr. Wayland holds a Florida Real Estate Broker’s
License, Community Association Manager’s License and several
certificates for Tax Credit Compliance LIHTC, HOME and SAIL, in
addition to Fair Housing compliance. During Mr. Wayland’s career
he has held several board and committee chairs for professional
affiliations, such as Chairman of the Sales and Marketing
Council of the Sarasota Home Builders Association, Treasurer of
the Florida Apartment Association, President, Treasurer and
Executive Director of the Southwest Florida Apartment
Association and Council Member of the Manatee and Sarasota Home
Builders Association.

It seems like an easy question –
“What rentals are available?” Easy, if the question is about
what’s available right now. It gets complicated if you have to
pin down what was available as of a particular
date and time.

That complicated question comes up
in fair housing cases where a rejected applicant accuses the
landlord of refusing him the rental even though there were units
available. A property manager who receives such a complaint
from HUD or an attorney, will hopefully have proof that there
was indeed nothing available as of the date and time that the
person applied or inquired.

Keeping that kind of record may be
cumbersome but it is essential, regardless of whether your
housing stock is five or five hundred. You should document when
each unit becomes available for rent and when it goes
off-market. The record should reflect the day and even the time
when the unit changes. Luckily, some software supports keeping
track of such statistics. If yours does not, consider keeping a
log of each unit’s availability. It may seem tedious but, if
you ever get one of those complaints, you will be very happy to
have it.